A Study On The Legal Regulation Of Degree Revocation In Colleges And Universities In China

A degree certificate is an academic diploma granted by a college to a degree proposer.After students are revoked,the impact on their legitimate rights and interests is unlimited.With the continuous development of the rule of law,the notion of running the school in line with law has been understand and supported by everyone in depth.In real life,different degree revocation disputes are emerging,which reflects the lack of legal provisions on degree revocation in China.Whenever the legitimate rights and interests of college students are infringed,we should not relax to abide by the relevant provisions of the law,make the power of colleges and universities exercise according to the law,and ensure the fairness and justice of entities and procedures at the same time.In recent years,students’ legal awareness and rights protection awareness have gradually increased.There are more and more cases related to degree management,especially degree revocation cases,and seeking judicial relief from the court.Through the research on the backdrop of the legal rules of college degree annulment and the legal rules of college degree annulment at home and abroad,and combined with the current situation of legal regulation in China,the relevant cases of judicial practice,i.e.Peking University,Chen v.Sun University are divided into legal basis or factual error,degree revocation not in accordance with legal procedures The responsibility of the evaluation committee is not clear,and the right of statement and defense is not guaranteed.Therefore,it is found that there are problems in the legal regulation of university degree revocation in China,including the vague substantive standard of university degree revocation: the meaning of "fraud and falsification" in the degree regulations is broad,"serious violation..." Different understandings and different specific applicable standards in Colleges and universities,lack of provisions on degree revocation procedures in Colleges and Universities: unclear review unit and role,asymmetric information,unable to protect the parties’ right to state and defend,no provisions on decision-making procedures,imperfect relief system for degree revocation in Colleges and Universities: the law does not provide the relief method for degree revocation There are many defects in the appeal system of colleges and universities in China.It also puts forward some suggestions on the legal regulation of the main problems existing in the current degree revocation in Colleges and universities in China,mainly including: clarifying the substantive requirements of degree revocation: defining "fraud" and "serious violation..." Distinguish academic and nonacademic conditions and standardize the procedure of degree revocation: clarify the role and status of degree evaluation committees at all levels,ensure that the notification procedure runs through the revocation procedure,improve the hearing procedure and decision-making procedure,and improve the degree revocation right relief system: expand the scope and channels of application for degree reapplication,clarify the procedure of administrative reconsideration,and specify the situation of judicial intervention.The innovation lies in clarifying the scope of judicial review and the appeal mechanism in the school.